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Labor sanctions Rifu Apparel Corp. to pay $245 for tardiness
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Posted on May 21 2006
The Department of Labor has sanctioned Rifu Apparel Corp. for filing 49 days late a renewal application for its guest worker.
Labor hearing officer Jerry Cody ordered Rifu Apparel to pay $245 in sanction to the CNMI Treasury within 10 days.
Cody said any failure of Rifu to comply with the order may result in the imposition of further sanctions against the company in an amount to be determined at a future hearing.
He cited that although the employer’s renewal application for Yan Han was filed beyond the 30-day threshold set forth in the regulations, Rifu’s failure to do so was not willful.
The hearing officer reversed the Labor director’s decision to deny Rifu’s application to renew Han’s employment.
Labor records show that the worker’s prior permit expired on Feb. 10, 2006. The renewal application was filed on March 31, 2006.
Labor denied the application on the grounds that it was untimely filed. Rifu and Han appealed.
At the hearing, Rifu’s personnel manager explained that the late filing was due to an oversight on behalf of the company. The manager said as soon as the problem was discovered, the company tried to correct it.
During the hearing, Labor recommended that is prior denial be reversed provided that Rifu pays a late filing fee for missing the renewal deadline by 49 days.
Cody said renewal applications are required to be filed on or before the last day of the existing permit.
Cody said the regulations establish a late fee of $5 per day for late renewals filed up to 30 days beyond the due date.
Any applications beyond 30 days are denied, but the parties may appeal the denial to the administrative hearing office, he explained.
“This untimely filing was the fault of the employer, who acknowledges the fault. Once the employer discovered the problem, it took immediate steps to correct it,” the hearing officer said.
